Apple, Inc. (AAPL) scored quite the coup when it in essence patented the animation of a naturally occurring phenomenon -- the transient response. The company's so-called "rubber band" patent, describes multiple methods of making graphical actions over-stretch, then bounce back, say when scrolling or zooming. Apple has used the patent to sue many of its rivals.

This may not be the end of the story, though, when it comes to the rubber band patent. The Central Reexamination Office's ruling is non-binding -- it could reconsider it pending Apple's appeal. Even if it does stamp it invalid, the matter then has to go to the Patent Trial and Appeal Board (PTAB) -- a court of sorts at the USPTO -- for a final ruling. And even if the PTAB invalidates the patent, the ruling can be appealed to the United States Court of Appeals for the Federal Circuit.

That said, invalidations often stick, and the preliminary ruling has the potential to already mar Apple's greatest verdict against Android.

In a statement toThe New York Times, Android operating system-maker Google Inc. (GOOG) gloated, "The patent office plays a critical role in ensuring that overly broad patents cannot be used to limit consumer choice. We appreciate the care the patent office has taken in re-examining dubious software claims."